The piping
plover (Charadrius melodus), named for its melodic mating call,
is a small, pale-colored North American shorebird. The bird's light sand-colored
plumage blends in with the sandy beaches and shorelines which are its
primary habitat. It weighs 1-2 ounces (43-63 grams) and is 6-6 ½ inches
(17-18 centimeters) long. During the breeding season the legs are bright
orange and the short stout bill is orange with a black tip. There are
two single dark bands, one around the neck and one across the forehead
between the eyes. Plumage and leg color help distinguish this bird from
other plovers. The female's neck band is often incomplete and is usually
thinner than the male's neck band. In winter, the bill turns black, the
legs remain orange but pale, and the black plumage bands on the head and
neck are lost. Chicks have speckled gray, buff, and brown down, black
beaks, orange legs, and a white collar around the neck. Juveniles resemble
wintering adults and obtain their adult plumage the spring after they
fledge

2.
Where do piping plovers live?

Historically,
piping plovers bred across three geographic regions. These regions include:
the United States and Canadian Northern Great Plains from Alberta to Manitoba
and south to Nebraska; the Great Lakes beaches; and the Atlantic coastal
beaches from Newfoundland to North Carolina. Currently, piping plovers
live in an area similar to their historical range, although the numbers
of those breeding in the Great Lakes region have decreased significantly
since the 1930s. The Great Lakes breeding population is now found mainly
in Michigan, with one pair nesting in Wisconsin. Generally, piping plovers
favor open sand, gravel, or cobble beaches for breeding. Breeding sites
are generally found on islands, lake shores, coastal shorelines, and river
margins.

Piping plovers
winter in coastal areas of the United States from North Carolina to Texas.
They also winter along the coast of eastern Mexico and on Caribbean islands
from Barbados to Cuba and the Bahamas. Information from observation of
color-banded piping plovers indicate that the winter range of the three
breeding populations overlap, to a significant degree. Therefore, the
source breeding population of a given wintering individual cannot be accurately
determined in the field, without having marked the individual.

Piping plovers
begin arriving on the wintering grounds in early July, with some late
nesting birds arriving in September. A few individuals can be found on
the wintering grounds throughout the year, but sightings are rare in June
and early July. Migration is poorly understood, but most piping plovers
probably migrate non-stop to wintering grounds.

1996 census
numbers: Great Lakes - approximately 32 breeding pairs (all but one of
these pairs are in Michigan); Northern Great Plains (including the Canadian
Prairie region) - approximately 1,398 breeding pairs; and the Atlantic
Coast - approximately 1372 breeding pairs.

5.
Is the piping plover an endangered species?

The piping
plover first received protection under the Endangered Species Act (ESA)
in 1985. Piping plovers nesting in the Great Lakes are listed as endangered;
piping plovers nesting along the Atlantic Coasts and in the northern Great
Plains of the U.S. and Canada are listed as threatened. All piping plovers
on the wintering grounds are considered threatened.

6.
What do the terms "endangered" and "threatened" mean?

An endangered
species, by definition, is one that is in danger of extinction throughout
all or a significant portion of its range. A threatened species is one
likely to become endangered within the foreseeable future. Except for
special circumstances outlined at the time of listing, regulations applicable
to endangered species are also applicable to threatened species.

7.
Why are piping plover populations declining?/What are the threats to the
piping plover?

Piping plovers
often nest on beaches where people like to live and enjoy the shoreline.
Their nests accidently get stepped on or crushed by people and vehicles.
The presence of people also may cause the birds to desert the nest, exposing
eggs or chicks to the hot sun and predators. Interruption of feeding may
stress juvenile birds during critical periods in their life cycle. Pets,
especially dogs, may harass or kill the birds. Many of the coastal beaches
traditionally used by piping plovers for nesting, feeding, and roosting
have been lost to commercial, residential, and recreational developments.
Also, developments near beaches provide food that attracts increased numbers
of predators such as racoons, skunks, and foxes. Water level manipulation
along the major rivers may also lead to loss of breeding habitat. In order
to recover the piping plover and remove it from the endangered species
list, threats to reproductive success at breeding grounds must be addressed.
Availability of quality foraging and roosting habitat in the regions where
this species winters is necessary in order to insure that an adequate
number of adults survive to migrate back to breeding sites and successfully
nest.

8.
What is being done to protect the piping plover?

A variety
of protection measures are implemented as prescribed in recovery plans,
and include:

Listing:
In 1985, the Great Lakes breeding population of the piping plover was
listed as endangered, while populations in all other portions of the species'
range were listed as threatened.

Recovery
Plans: The Service developed recovery plans that describe actions
that need to be taken to help the bird survive and recover. Recovery plans
currently exist for all three areas of the breeding range. These recovery
plans are in various stages of revision.

Research:
Several cooperative research groups have been set up among Federal and
State agencies, university and private research centers, and the Canadian
Wildlife Service. Studies are being conducted to estimate numbers, evaluate
reproductive success, monitor long-term changes in populations, and determine
where plovers breed and winter. Other studies have addressed the effectiveness
of captive breeding efforts. The effectiveness of predator exclosures
and habitat manipulations have also been evaluated.

Management
and Habitat Protection: Measures to insure successful nesting are
conducted each year, including controlling human access to nesting areas,
monitoring nesting activity, and protecting nests, eggs and young birds
from predators. This requires intensive management efforts and significant
participation by dedicated volunteers. In Michigan, several landowners
have formally agreed to protect plover nesting habitat. Protection of
habitat also requires constant vigilance and includes managing residential
and industrial development to insure that projects are designed to limit
impacts to habitat, and properly managing water flow to insure that the
geologic processes which have historically maintained habitat for the
plover can continue to function.

Public
Education: Many States and private agencies are running successful
public information campaigns to raise awareness of the plover's plight.
In Michigan, residents of coastal communities where the birds nest have
been contacted by an "ambassador" and provided information about the plight
of the piping plover.

9.
What are the recovery goals for the piping plover?

The recovery
goals for the piping plovers breeding in the Great Lakes were outlined
in the Recovery Plan for the Great Lakes and Northern Great Plains Piping
Plover. These goals are to have 100 breeding pairs in the State of Michigan
and 50 breeding pairs in other Great Lakes states and for these numbers
to remain stable for 15 years. Goals for wintering areas have been suggested
in existing recovery plans and include protection of specific sites that
provide the essential requirements for the wintering populations of the
piping plover. These recovery sites include areas currently used by wintering
plovers and areas that would be suitable for use. As populations in all
three breeding areas begin to recover, densities on the wintering grounds
will increase. In order to achieve recovery, it is necessary to maintain
sufficient habitat to insure the survival of these wintering birds.

10.
What protection does the piping plover currently receive as a listed species?

The ESA
prohibits the import, export, or interstate or foreign sale of protected
animals and plants without a special permit. It also makes "take" illegal
- forbidding the killing, harming, harassing, possessing, or removing
of protected animals from the wild. Federal agencies must consult with
the Service to conserve listed species and ensure that any activity they
fund, authorize, or carry out will not jeopardize the continued survival
and recovery of a listed species. This is referred to as a Section 7 consultation
process.

Under Section
10 of the ESA, permits may be issued to take listed wildlife species for
scientific purposes, to enhance the propagation, survival or recovery
of the species, and for incidental take in the course of certain otherwise
lawful activities.

In addition,
the ESA requires that Federal agencies not only take action to prevent
further loss of a species, but also pursue actions to recover species
to the point where they no longer require protection and can be de-listed.

11.
What is critical habitat?

Critical
habitat is a term used in the Endangered Species Act of 1973, as amended.
It refers to specific geographic areas that are essential for the conservation
of a threatened or endangered species and that may require special management
consideration or protection. These areas do not necessarily have to be
occupied by the species at the time of designation. This means that areas
must be identified which will allow for the protection of the current
population, and any population increases that may be required to achieve
recovery (allowing the species to be removed from the endangered species
list).

12.
Do listed species in critical habitat areas receive more protection?

A critical
habitat designation does not set up a preserve or refuge, it only affects
activities with federal involvement, such as federal funding or a federal
permit. Listed species and their habitats are protected by the ESA whether
or not they are in areas designated as critical habitat.

Designation
of critical habitat can help focus conservation activities for a listed
species by identifying areas that contain the physical and biological
features that are essential for the conservation of that species. Critical
habitat also alerts the public as well as land managing agencies to the
importance of these areas, but the ESA only imposes additional restrictions
on the actions or programs that are authorized, funded, permitted, or
carried out by a Federal agency..

13.
What is the purpose of designating critical habitat?

Designating
critical habitat is a tool to identify areas that are important to the
recovery of a listed species. It is also a tool used to notify Federal
agencies of areas that must be given special consideration when they are
planning, implementing, or funding activities. Federal agencies are required
to consult with the Service on actions they carry out, authorize, fund,
or permit, that may affect critical habitat. A critical habitat designation
has no effect when a Federal agency is not involved. For example, a landowner
undertaking a project on private land that involves no Federal funding
or permit has no additional responsibilities if his property falls within
critical habitat boundaries.

14.
Do Federal agencies have to consult with the Service outside critical
habitat areas?

Not always.
It is the responsibility of the Federal agency to determine if a proposed
project may affect threatened or endangered species. If a "may affect"
determination is made, that requires the Federal agency to initiate the
Section 7 process. Even when there is not critical habitat designation,
Federal agencies must consult with the Service, if an action that they
fund, or authorize, or permit may affect listed species.

15.
What impact will critical habitat designation have on beach use?

Non-Federal
activities are not affected by critical habitat designation. Designation
of critical habitat requires Federal agencies to review activities they
fund, authorize, or carry out, to assess the likely effects of the activities
on critical habitat. Thus, within the range of breeding piping plovers,
critical habitat would only affect beach use if a Federal agency funds,
authorizes, or carries out an action that will likely result in human
use of beaches to an extent that successful piping plover breeding activity
is precluded. In those cases we will work with the Federal agency to protect
potential breeding sites while having as minimal an effect as possible
on humans' enjoyment of the areas.

While piping
plovers are frequently known to return to the same wintering beach each
year, they are not necessarily tied to specific sites on that beach as
they are when nesting or rearing young; therefore, human disturbance is
less of an issue in wintering areas. For this reason, we don't anticipate
any additional restrictions on recreational beach use in the wintering
areas as a result of the critical habitat designation.

16.
What activities could adversely affect critical habitat?

Some activities
could have an adverse effect on piping plover critical habitat. Such activities
might include:

dredging
and dredge spoil placement

seismic
exploration

construction
and installation of facilities, pipelines, and roads associated with
oil and gas development

oil spills
and oil spill clean-up

construction
of dwellings, roads, marinas, and other structures and associated impacts
such as staging of equipment and materials

beach
nourishment, stabilizations and cleaning

certain
types and levels of recreational activities such as all-terrain vehicular
activity

stormwater
and wastewater discharge from communities

sale,
exchange, or lease of Federal land that contains suitable habitat that
is likely to result in the habitat being degraded

marsh
restoration

military
maneuvers.

Specific
threats are likely unique to each area and are best addressed in recovery
plans, management plans, and Section 7 consultations.

17.
How does the Service determine which areas to designate as critical habitat?

Biologists
identify physical or biological habitat features needed for life and successful
reproduction of the species. These features are known as primary constituent
elements and include, but are not limited to:

habitats
that are protected from disturbance or are representative of the historic
geographical and ecological distributions of a species.

Areas containing
these elements of the habitat are identified in the landscape. By law,
the Service is required to identify sufficient areas containing these
characteristics to insure conservation of the listed species.

18.
Does the ESA require an economic analysis as part of designating critical
habitat?

Yes. The
Service must take into account the economic and other relevant impacts
of specifying any particular areas as critical habitat. The Service may
exclude any area from critical habitat if it determines that the benefits
of such exclusion outweigh the benefits of specifying the area as part
of critical habitat unless it determines, based on the best scientific
and commercial data available, that the failure to designate the area
as critical habitat will result in the extinction of the species.

19.
Does this economic analysis have any effect on the decision to list a
species?

No. Under
the ESA, a decision to list a species is made solely on the basis of scientific
data and analysis.

20.
What is the impact of a critical habitat designation on economic development?

The vast
majority of activities that require a Section 7 consultation with the
U.S. Fish and Wildlife Service proceed with little or no modification.
If a proposed project were to affect critical habitat of the piping plover,
consultation under Section 7 of the Endangered Species Act would be required.
During this process, coordination between the agencies involved would
examine modifications to the project that would reduce impacts to piping
plover and designated critical habitat areas. In cases where critical
habitat has been designated for areas occupied by the listed species,
consultations would likely have been required, regardless of the designation
of critical habitat. In those cases, critical habitat designation would
have little or no additional impact on economic development.

21.
For how many species has the Service designated critical habitat?

To date,
the Service has designated critical habitat for 137 of the 1,244 U.S species
listed as threatened or endangered.

22.
Why hasn't the Service designated critical habitat for more species?

In the past
the Service assigned a low priority to designating critical habitat because
it believes that a more effective use of limited resources is to place
imperiled species on the threatened and endangered species list. Recent
court decisions however, have required the Service to designate critical
habitat for an increasing number of listed species.

23.
Why was critical habitat designated for the piping plover?

Section
4(a)(3) of the ESA states that when a species is added to the endangered
species list, we must designate critical habitat "to the maximum extent
prudent." The 1985 final listing rule for the piping plover did not include
a critical habitat designation, but deferred the determination for one
year. We did not make a prudency determination or designate critical habitat
by the end of that year. Because of this omission, in December, 1996,
Defenders of Wildlife (Defenders) filed a lawsuit against the Department
of the Interior and the Service for failing to designate critical habitat
for the piping plover. As a result of the lawsuit, the court ordered the
Service to publish a proposed critical habitat designation for the piping
plover in the breeding area in the Great Lakes by June 30, 2000. The Service
was also ordered to designate critical habitat for the Great Plains population
by May 31, 2001, with a final rule by March 15, 2002. Two separate proposals
were published, one for the Great Lakes breeding habitat and one for the
wintering habitat for all piping plovers. The final rule for the Great
Lakes breeding habitat was published on May 7, 2001. The final rule for
the wintering habitat publishes on July 10, 2001.

24.
Where can I get more information on the piping plover and critical habitat?

For more
information, visit our web site at: plover.fws.gov.
You may also telephone: Division of Endangered Species for the breeding
habitat area - 612-713-5350; for the wintering habitat area, telephone
361-994-9005.